Res 2021- 46 CUP Allow Garage 803 Bachelor AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 202146
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
ALLOWING AN OVER -SIZED DETACHED GARAGE
FOR PROPERTY LOCATED AT 803 BACHELOR AVENUE
[PLANNING CASE NO, 2021-021
WHEREAS, Mike Cashill (the "Applicant") requests approval of a conditional use permit
(CUP) to allow the construction of a new oversized detached garage 17.54eet in height and 2,400-
square feet in size, for the property located at 803 Bachelor Avenue (the "Subject Property"), as
proposed under Planning Case No. 2021-02, and legally described in the attached Exhibit A; and
WHEREAS, pursuant to current City Code Title 12-1D-3: Accessory Structures, states
private detached garages must not exceed 15-feet in height, and residential parcels of 2.5-acres or
more have the right to ask for detached garages up to 1,800-sq. ft, in size with approval of a CUP;
and
WHEREAS, the subject property is 8 acres in size, and the Applicant originally sought
approval to build the 17.5 high and 2,400-sq. ft. sized garage with a CUP and variances to the
height and size standards noted under City Code Title 12-1D-3; and
WHEREAS, as part of the City of Mendota Heights consideration and adoption of separate
Ordinance No. 565, which contains certain amendments to City Code Title 12-lD-3: Accessory
Structures, this proposed garage would meet certain new height and size standards for detached
garage structures, and therefore all variances requested under Planning Application Case No.
2021-02 are no longer needed; and
WHEREAS, on May 25, 2021, the Mendota Heights Planning Commission conducted a
public hearing on the proposed conditional use permit request, and whereupon closing the hearing,
recommended unanimously (7-0 vote) to approve the conditional use permit (with no variances)
to allow a new detached garage up to 2,400 sq, ft. in size and height of 17.5-feet, for the property
located at 806 Bachelor Avenue, with conditions and specific findings -of -fact supporting this
approval, with the added finding this CUP can only be approved subject to the City Council
accepting or adopting Ordinance No. 565, the proposed amendments to City Code Title 12-lD-3:
Accessory Structures. .
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the
conditional use permit to allow a new detached garage up to 2,400 sq. ft. in size and height of 17.5-
feet, as proposed under Planning Case No. 2021-02 and for the property located at 806 Bachelor
Avenue, is approved with the following findings -of -fact and conditions:
1. Pursuant to City Code Title 12-1L-6: Conditional Uses, the city council shall consider the
advice and recommendations of the planning commission and the effect of the proposed
use upon the health, safety, and welfare of occupants or surrounding lands, existing and
anticipated traffic conditions including parking facilities on adjacent streets, and the effect
of the proposed use on the comprehensive plan. As part of the review of this proposed
project and plan as presented under Planning Case No. 2021-02, the Planning Commission
hereby recommends approval of the conditional use permit to allow a proposed detached
oversized garage up to 2,400-sq. ft. in area and up to 17.5-ft. in height, based on the
following findings -of -fact:
A. In accordance with City Code Title 12-1D-3: Accessory Structures [amended],
residential properties of 5 acres or greater are allowed to have one additional detached
garage up to 2,400-sq. ft. in size by means of a conditional use permit, and the Applicant
has demonstrated a reasonable need and justification for the garage, which is supported
by the following findings -of -facts:
i. The proposed oversized detached garage on the subject residential property is found
to be in generally conformance with many other provisions and standards of the
City Code, and meets other related City Code standards such as setbacks,
appearance and aesthetics.
ii. The large (8-acres) subject property is somewhat unique when compared with other
typical single family residential properties in the community; therefore, the
proposed over -sized detached garage under this application can be considered a
reasonable request and may be viewed as being consistent with the City Code and
Comprehensive Plan.
iii. The proposed over -sized detached garage will not cause or create any negative
impacts to the surrounding properties or subject property.
iv. The proposed over -sized detached garage will not be detrimental to the health,
safety or general welfare of the community; should not cause any serious traffic
congestion nor hazards; will not seriously depreciate surrounding property value;
and said use appears to be in harmony with the general purpose and intent of the
City Code and the Comprehensive Plan.
v. The proposed
over -sized
detached garage will
be compliant with
the conditions
included in the
[amended]
City Code that allow
it by conditional use permit.
vi. The proposed over -sized detached garage represents a reasonable reinvestment in
a residential property and neighborhood that is consistent with the Comprehensive
Plan's goals for residential land uses.
B. Pursuant to City Code Section 12-1L-6: Conditional Uses, the city has the authority to
place reasonable conditions upon the property subject to any conditional use permit
request, provided these conditions are directly related to and roughly proportional to
the impact created by the conditional use permit. Conditions related to this application
are as follows:
The new detached garage must match the overall architecture and design of the
existing residential dwelling on the subject property.
Resolution 2021-46 Page 2 of 4
2. The proposed garage addition and all other proposed improvements shall be
constructed in compliance with all applicable City Code and State of Minnesota
Building Code standards.
3. The garage will be setback a minimum of fifteen feet (15') or more from Lou side
yard, and the Applicant/Owner agrees to work with city staff in determining the
final location in order to reduce or eliminate additional removal of trees in this area.
4. The applicant shall obtain a building permit prior to any excavation or construction
of the new garage addition.
5. All grading and construction activity will be in compliance with applicable federal,
state, and local regulations and codes, as well as in compliance with the City's Land
Disturbance Guidance Document. Full erosion and sedimentation measures will be
put in place prior to and during grading and construction work activities.
6. As part of the building permit review process, alandscape/tree replacement plan,
which will include native or pollinator friendly plantings, must be submitted for
review, completeness and appropriateness to the city's Natural Resources
Technician and other city staff as needed.
7. Approval of this conditional use permit is contingent upon City Council approval
of the application and corresponding site plan. If the conditional use permit is
approved by the City Council, the Applicant shall obtain a building permit for
construction of the proposed garage structure within one-year from said approval
date.
Adopted by the City Council of the Ciry of Mendota Heights this 1st day of June, 2021.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
dJ6
Stephadie Levine, Mayor
ATTEST:
-C
Lorri Smith, City Clerk
Resolution 2021-46 Page 3 of 4
EXHIBIT A
Property Address: 806 Bachelor Avenue, Mendota Heights, MN 55118
PID: 27-03760-010-02
Legal Description: Lot 2, Auditors Subdivision No. 8, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Resolution 2021-46 Page 4 of 4
Receipt:# 778389 3474093
COND $46.00 11111 I111111111111
Return to: I IIIIII IIIII 11111 I11111111111111 IIIII IIII IIII
SIMPLIFILE
5072 NORTH 300 w Recorded on: 7/2/2021 9:54 AM
By: KMP, Deputy
PROVO UT84604 Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2021-46 Conditional Use Permit to
Allow Garage 803 Bachelor Avenue is an exact copy of the resolution on file in my
office adopted by the Mendota Heights City Council.
Signed and sealed by my hand on this 29" day of June, 2021.
?:
Lorri Smith, City Clerk
(SEAL)
3:
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-46
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
ALLOWING AN OVER -SIZED DETACHED GARAGE
FOR PROPERTY LOCATED AT 803 BACHELOR AVENUE
[PLANNING CASE NO.2021-02]
WHEREAS, Mike Cashill (the "Applicant") requests approval of a conditional use permit
(CUP) to allow the construction of a new oversized detached garage 17.5-feet in height and 2,400-
square feet in size, for the property located at 803 Bachelor Avenue (the "Subject Property"), as
proposed under Planning Case No. 2021-02, and legally described in the attached Exhibit A; and
WHEREAS, pursuant to current City Code Title 12-113-3: Accessory Structures, states
private detached garages must not exceed 15-feet in height, and residential parcels of 2.5-acres or
more have the right to ask for detached garages up to 1,800-sq. ft. in size with approval of a CUP;
and
WHEREAS, the subject property is 8 acres in size, and the Applicant originally sought
approval to build the 17.5 high and 2,400-sq. ft. sized garage with a CUP and variances to the
height and size standards noted under City Code Title 12-1D-3; and
WHEREAS, as part of the City of Mendota Heights consideration and adoption of separate
Ordinance No. 565, which contains certain amendments to City Code Title 12-lD-3: Accessory
Structures, this proposed garage would meet certain new height and size standards for detached
garage structures, and therefore all variances requested under Planning Application Case No.
2021-02 are no longer needed; and
WHEREAS, on May 25, 2021, the Mendota Heights Planning Commission conducted a
public hearing on the proposed conditional use permit request, and whereupon closing the hearing,
recommended unanimously (7-0 vote) to approve the conditional use permit (with no variances)
to allow anew detached garage up to 2,400 sq. ft. in size and height of 17.5-feet, for the property
located at 806 Bachelor Avenue, with conditions and specific findings -of fact supporting this
approval, with the added finding this CUP can only be approved subject to the City Council
accepting or adopting Ordinance No. 565, the proposed amendments to City Code Title 12-1D-3:
Accessory Structures. .
NOW THEREFORE BE IT RESOLVED, by the Mendota Heights City Council that the
conditional use permit to allow a new detached garage up to 2,400 sq. ft. in size and height of 17.5-
feet, as proposed under Planning Case No. 2021-02 and for the property located at 806 Bachelor
Avenue, is approved with the following findings -of -fact and conditions:
1. Pursuant to City Code Title 12-1 L-6: Conditional Uses, the city council shall consider the
advice and recommendations of the planning commission and the effect of the proposed
use upon the health, safety, and welfare of occupants or surrounding lands, existing and
anticipated traffic conditions including parking facilities on adjacent streets, and the effect
of the proposed use on the comprehensive plan. As part of the review of this proposed
project and plan as presented under Planning Case No. 2021-02, the Planning Commission
hereby recommends approval of the conditional use permit to allow a proposed detached
oversized garage up to 2,400-sq. ft. in area and up to 17.5-ft. in height, based on the
following findings -of -fact:
A. In accordance with City Code Title 12-1D-3: Accessory Structures [amended],
residential properties of 5 acres or greater are allowed to have one additional detached
garage up to 2,400-sq. ft. in size by means of a conditional use permit, and the Applicant
has demonstrated a reasonable need and justification for the garage, which is supported
by the following findings -of facts:
i. The proposed oversized detached garage on the subject residential property is found
to be in generally conformance with many other provisions and standards of the
City Code, and meets other related City Code standards such as setbacks,
appearance and aesthetics.
ii. The large (8-acres) subject property is somewhat unique when compared with other
typical single family residential properties in the community; therefore, the
proposed over -sized detached garage under this application can be considered a
reasonable request and may be viewed as being consistent with the City Code and
Comprehensive Plan.
iii. The proposed over -sized detached garage will not cause or create any negative
impacts to the surrounding properties or subject property.
iv. The proposed over -sized detached garage will not be detrimental to the health,
safety or general welfare of the community; should not cause any serious traffic
congestion nor hazards; will not seriously depreciate surrounding property value;
and said use appears to be in harmony with the general purpose and intent of the
City Code and the Comprehensive Plan.
V. The proposed over -sized detached garage will be compliant with the conditions
included in the [amended] City Code that allow it by conditional use permit.
vi. The proposed oversized detached garage represents a reasonable reinvestment in
a residential property and neighborhood that is consistent with the Comprehensive
Plan's goals for residential land uses.
B. Pursuant to City Code Section 12-1L-6. Conditional Uses, the city has the authority to
place reasonable conditions upon the property subject to any conditional use permit
request, provided these conditions are directly related to and roughly proportional to
the impact created by the conditional use permit. Conditions related to this application
are as follows:
The new detached garage must match the overall architecture and design of the
existing residential dwelling on the subject property.
Resolution 2021-46 Page 2 of 4
2. The proposed garage addition and all other proposed improvements shall be
constructed in compliance with all applicable City Code and State of Minnesota
Building Code standards.
3. The garage will be setback a minimum of fifteen feet (15') or more from the side
yard, and the Applicant/Owner agrees to work with city staff in determining the
final location in order to reduce or eliminate additional removal of trees in this area,
4. The applicant shall obtain a building permit prior to any excavation or construction
of the new garage addition.
5, All grading and construction activity will be in compliance with applicable federal,
state, and local regulations and codes, as well as in compliance with the City's Land
Disturbance Guidance Document. Full erosion and sedimentation measures will be
put in place prior to and during grading and construction work activities.
6. As part of the building permit review process, a landscape/tree replacement plan,
which will include native or pollinator friendly plantings, must be submitted for
review, completeness and appropriateness to the city's Natural Resources
Technician and other city staff as needed.
7. Approval of this conditional use permit is contingent upon City Council approval
of the application and corresponding site plan, ff the conditional use permit is
approved by the City Council, the Applicant shall obtain a building permit for
construction of the proposed garage structure within one-year from said approval
date.
Adopted by the City Council of the City of Mendota Heights this 1st day of June, 2021.
CITY COlUNNCIL
CITY OF MENDOTA HEIGHTS
Stephailie Levine, Mayor
ATTEST:
M1
Lorri Smith, City CIerk
Resolution 2021-46 Page 3 of 4
EXHIBIT A
Property Address: 806 Bachelor Avenue, Mendota Heights, MN 55118
PID: 27-03760-010-02
Legal Description: Lot 2, Auditors Subdivision No. 8, Dakota County, Minnesota.
[Abstract Property]
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Resolution 2021-46 Page 4 of 4